Employment Law/Job code switch

QuestionHi,
I applied for position in which I was a replacement for a person who left the company. HR decided beforehand that they wanted the new person to report to HR instead of operation. The last person sat in HR and report to operation. Their reason for this was that they wanted the new person to do HR Staffing task. ( i guess the other person refused and was backed up by the operations manager). However, they wanted the new person to perform the same Job description as the former employee but add the HR piece in and report to the HR director instead of Operation. So, what they did was change the job title to HR Assistant and gave it a HR Job code. Therefore they posted the job as a HR Assistant and not a trainer. When I applied for the position I was told that if I get the job my responsibilities would be the “trainer Job description " and not the HR Assistant responsibilities. At the time, I did not know why they switched the job codes, but I kept questioning it and I was finally told. However, the hiring manager outlined the responsibilities in the requisition file to back up the underhanded switch of job codes and job titles and wrote what the responsibilities were of the new hire in spite of what the HR Assistant J.D. said. The problem is you cannot alter a HR Job description therefore; they had to post it as a HR Assistant J.D. so the person could report to HR. The job description was written and approved by the V.P of the site so everyone would know what the person's responsibilities would be regardless of what the J.D said. It was done very shady. Now here is the problem. The manager who did this has left. I now report to another HR employee who knew about what they did, but decided now to tell me that my job has changed and pulls out the HR Assistant J.D that they would not allow me to see when I felt my job title didn't match what my primary responsible were # trainer J.D.#. She now tells me that I am a HR Admin and gave me the J.D. that they posted the position for. Now another problem is the HR Assistant has some of my responsibilities in the description but at a much broader aspect. My job (trainer JD) is more focused. The justification under a HR Assistant is “ adm work” with some training and payroll task, but not a full time level as my job ( 80 training adm 20 payroll, and HR staffing work if time allowed). I told her that this is incorrect this is NOT the job I was hired to do. I am not a fulltime HR ADM, and that I would never apply for this position. I told her this is not what I was told my job would be. She knew this because she was my co worker (business partner) and my former boss was her boss. She finally admits to me that she didn't agree with what my boss did and that she wanted a full time adm. but he said no. I guess behind the scene there was disagreement. I knew nothing about this as a potential candidate. All I knew was something was not right with my title and job. So, now she is pulling the job code that I am in and changing my job because that is what is on record, and what she wanted all along. However, I had made plenty of complaints that this wasn't correct and no one did anything about. Now I am in a pickle because, she is trying to take away my primary responsibilities ( to have recently been eliminated by outsourcing and reduction in work) and making me a full time adm. I have a org. statement that went out to the entire site that list what my primary job was. She is stating that doesn't matter. I have a written copy of the email that was sent to the V.P outlining my primary responsibilities as to which I interview for and it wasn't a adm. I have escalated the issue. Do I have a case of wrongful doing on their part? They mislead me into thinking I was a trainer and training ADM with payroll duties and project HR staffing work, but had me in a HR Adm job code. All I want them to do is fix it because it wasn't done properly……. a bit underhanded and I want my job back that I was hired to do! We have had changes, so the job I was hired to do maybe eliminated now as time goes on I am losing the training and the payroll piece, but they need to fix this, so it is correct in the system. If they fix it and deem the job eliminated then give me the option for a lay off package or the ask me if I want the fulltime HR adm job not coerce me into doing something I did not apply for FULLTIME, interview, nor except a job a job to do. My boss has been ignoring my requests when I brought this issue to her attention. She would say she is going to follow up but never does. I have now made a formal complaint, but she keeps yelling business need and I need a full time adm, but that doesn't mean you deceive someone and coerce them into doing a job by ignoring this as an issue of wrong doing, and taking their responsibilities away (focus) and connecting it with their primary job used for direct report reasons to now get a full time adm. That was never brought up as the direction they wanted to go. I questioned the job code and job description from day one on the job. It was okay when my former boss was there( even though he never disclosed wrong doing). He would never give me the JD because he did not want me to piece together what they did, but at the least he documented the role in writing and got approval listing my primary responsibilities and secondary responsibilities. Isn’t that proof enough? but now she is claiming that she knew nothing about the agreement of job code switches, which she did and now I am a full time adm. I worked with her for a year doing the trainer job description, so she knew. They need to fix this and make it correct. Therefore, I have back up confirming the job I was hired for written authorization, Org. statement announcing my promotion, a chart of my duties that my new manager made which outlined duties I was doing under the training j.d. etc. I am demanding that they fix it and do it right. I told her I didn't mind doing HR Adm work but not as a full time Adm because I didn't sign up for this. I need to do my job. There is not enough high level adm work to do for 8 hours per day, and there is not enough training work to do 8 hours a day. I using the grievance policy to file a claim because my boss ignored me # biased behavior#, stereotyping # she reclasses ppl all the time# and throws it in my face repeatedly letting me know she is purposely ignoring me , and retaliation # b/c she forwards all her emails to me to handle#, like I am her secretary . She completely ignores the situation and leads me to believe she was working on when I presented her the evidence of wrong doing. I have 6-7 document times I spoke to her about this and she did nothing. This is unfair.The state is MA Can you help me?

AnswerHi Denise,

Jobs change all the time and we are constantly changing job descriptions to match the changes. There is no guarantee that your job will remain the same when you work for a company. There are no laws that say it has to.

If you are in a union environment you could bring it up with your union rep.

If you are not union you have very few options, especially since you are in HR. You could try talking to the supervisor of your HR person.

Expertise

I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).